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january 2011

Supreme Court of India · 2011-01-18

STATE OF M.P. vs VISHWESHWAR KOL

Citation / case number
SC 2005/13138
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
VISHWESHWAR KOL
Author
HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Bench
HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,

Judgment text excerpt

The Supreme Court examined the validity of a dying declaration under Section 32(1) of the Indian Evidence Act, emphasizing that such declarations can be the sole basis for conviction if they inspire confidence. The Court held that the High Court erred in acquitting the accused by discarding the dying declaration based on speculative reasoning, thereby reaffirming the trial court's reliance on it. The Court concluded that the brutal nature of the crime, involving the murder of four innocent children and their mother, warranted a conviction under Section 302 IPC.

STATE OF M.P. vs VISHWESHWAR KOL · Niyam